DHBS/MERAS MECA
Date of Ratification –
TERMS OF SETTLEMENT
Please note: If a clause is not mentioned in the summary of changes to the MECA, shown
below, then it remains unchanged from the DHBs/MERAS MECA 1 March 2012 – 28 February
2015.
Clause No
3.0
Clause Title
New Midwives
6.0
Term of
Document
Salaries
8.0
8.5.1 a.
and 18.1 c
10.1 (f)
Overtime and
Sick Leave
Operation of
the salary
scales
13.0
Travelling
Expenses &
Incidentals
Public
Holidays
15.0
Change
For clarity after “shall” add “ be provided a copy of this MECA and
offered……”
Delete “1 March 2012” and replace with “Date of ratification” and
delete “28 February 2015” and replace with “31 July 2017”
A 2% salary increase from 6 July 2015, 2% salary increase from 4 July
2016.
See Appendix 1 for the new salary scales.
Replace “normal” with “ordinary”
New Clause: An employee previously employed on the top Enrolled
Nurse salary step shall be appointed to no lower than Step 2 of the
salary scale when they qualify and are appointed as a Registered
Midwife
Add on the following sentence:
“Any change to this rate shall be effective from the first pay period
following the date of promulgation by the IRD.”
Delete the current Public Holidays clause and replace with the
following:
“15.0
PUBLIC HOLIDAYS
15.1 The following days shall be observed as public holidays:
New Year's Day
2 January
Waitangi Day
Good Friday
Easter Monday
ANZAC Day
Sovereign's Birthday
Labour Day
Christmas Day
Boxing Day
Anniversary Day (as observed in the locality concerned)
15.2
The following shall apply to the observance of Waitangi Day,
Anzac Day, Christmas Day, Boxing Day, New Year’s Day or 2
January, where such a day falls on either a Saturday or a
Sunday:
(a)
Where an employee is required to work that Saturday
or Sunday the holiday shall, for that employee, be
observed on that Saturday or Sunday and transfer of
the observance will not occur. For the purposes of
this clause an employee is deemed to have been
required to work if they were rostered on duty or oncall and actually called in to work. They are not
deemed to have been required to work if they were
on-call but not called back to work.
(b)
If an employee is rostered on duty (i.e. does not apply
to on-call work) on that Saturday or Sunday but does
not work, they will be paid relevant daily pay for the
day, and transfer of the observance will not occur.
NOTE: When the public holiday for the employee is observed
on the Saturday or Sunday, the weekday is treated as a
normal working day for that employee, subject only to the
possible payment of weekend rates in accordance with clause
15.5 below.
(c)
Where an employee is not required to work that
Saturday or Sunday, observance of the holiday shall
be transferred to the following Monday and/or
Tuesday in accordance with the provisions of Sections
45 (1) (b) and (d) of the Holidays Act 2003. For the
purposes of this clause an employee is deemed NOT
to have been required to work if they were NOT
rostered on duty, or on-call, or were on-call but not
called back to work.
15.3
In order to maintain essential services, the employer may
require an employee to work on a public holiday when the
public holiday falls on a day which, but for it being a public
holiday, would otherwise be a working day for the employee.
15.4
When an employee works on a public holiday which would
otherwise be a working day for the employee, they will be
paid at time one (T1) in addition to the ordinary hourly rate of
pay for each hour worked (as per clause 8.5.2(b)) and they
shall be granted an alternative holiday. Such alternative
holiday shall be taken and paid as specified in the Holidays
Act 2003.
15.5
Should Christmas Day, Boxing Day, New Year’s Day or 2
January fall on a Saturday or Sunday, and an employee is
required to work (including being on call and called out) on
both the public holiday and the week day to which the
observance would otherwise be transferred, the employee
will be paid in accordance with clause 15.4 for time worked
on the public holiday and then at weekend rates for the time
worked on the corresponding weekday. Only one alternative
holiday will be granted in respect of each public holiday.
15.6
Should Waitangi Day or Anzac Day fall on a Saturday or
Sunday, and an employee is required to work (including being
on call and called out) on both the public holiday and the
week day to which the observance would otherwise be
transferred, the employee will be paid in accordance with
clause 12.4 for time worked on the public holiday and then at
ordinary rates for the time worked on the Monday. Only one
alternative holiday will be granted in respect of each public
holiday.
15.7
An employee who is on call on a public holiday but is not
called in to work, shall be granted an alternative holiday,
except where the public holiday falls on a Saturday or Sunday
and its observance is transferred to a Monday or Tuesday
which the employee is required to work, in which case an
alternative holiday shall be granted in respect to the
transferred day only and taken and paid as specified in the
Holidays Act 2003.
15.8
Those employees who work a night shift which straddles a
public holiday shall be paid at public holiday rates for those
hours which occur on the public holiday and the applicable
rates for the remainder of the shift. One alternative holiday
shall apply in respect of each public holiday or part thereof
worked.
15.9
Off duty day upon which the employee does not work:
(a)
Fulltime employees –
Where a public holiday, and the weekday to which the
observance of a public holiday is transferred where
applicable, are both rostered days off for an employee, they
will be granted one alternative holiday in respect of the public
holiday.
(b)
Part-time employees –
Where a part-time employee’s days of work are fixed, the
employee shall only be entitled to public holiday provisions if
the day would otherwise be a working day for that employee.
Where a part-time employee’s days are not fixed, the
employee shall be entitled to public holiday provisions if they
worked on the day of the week that the public holiday falls
more than 40 % of the time over the last three months.
Payment will be relevant daily pay.
15.10 Public holidays falling during leave:
(a)
Leave on pay
When a public holiday falls during a period of annual leave,
sick leave on pay or special leave on pay, an employee is
entitled to that holiday which is not debited against such
leave.
(b)
Leave without pay
An employee shall not be entitled to payment for a public
holiday falling during a period of leave without pay (including
sick or military leave without pay) unless the employee has
worked during the fortnight ending on the day on which the
holiday is observed. Payment shall be in accordance with the
Holidays Act
(c)
Leave on reduced pay
An employee, during a period on reduced pay, shall be paid at
the relevant daily pay for public holidays falling during the
period of such leave.”
17.0
Shift Leave
20.0
Parental Leave
Parental Leave
Shift leave is not pro rated for Part-time midwives. To be clear, “and
shift leave” is added to the definition of Part-time midwife in Clause
4.0
In clause 20.8 c. delete “Paid” from the title of the Act.
In clause 20.9 delete the last sentence.
Part Five
Education
Training and
Development
Under Domain increase payments to:
Confident $3000 per annum
Leadership $4500 per annum
Quality and
Leadership
Programme
Effective from 6 July 2015
Revised wording to reflect the new QLP requirements
Delete Appendix 2 as the new QLP will sit outside the MECA enabling
updating on an as required basis.
Professional Development Framework
The Quality and Leadership Programme is the National programme
that supports midwives to progress through domains of practice from
competent to leadership practitioners.
The Quality and Leadership programme has been developed in
collaboration with MERAS, NZCOM, NZNO, and DHB Midwife Leaders.
DHBs will implement the programme as described in the Quality and
Leadership Programme document.
a. In recognition of the importance of increasing the skills,
expertise and leadership of midwives, a midwife who reaches
the applicable domain will receive a pro-rata allowance for as
long as she is assessed as maintaining the criteria for that
domain. The allowances below shall be added to the base
rate of pay and payable on all hours worked, and shall attract
overtime and penal payments. The rates below are effective
from 6 July 2015
Domain
Confident
Leadership
$3,000 per annum
$4,500 per annum
b. Senior midwives placement on and progression through the
salary scale is not dependant on professional
development. DHB’s that have dedicated senior midwives
professional development programmes will continue to
operate them separately from salary progression.
Principles for implementing the Midwifery Quality and Leadership
Programme:
a) The DHB will appoint a Midwife QLP Co-ordinator
b) The QLP will be implemented in a nationally consistent
manner
c) Domains will be transportable across DHBs
d) There will be no quotas or built in barriers to prevent
midwives progressing to the appropriate domain
e) A local Midwifery Leadership Group including MERAS
representatives will be established to monitor uptake,
consistency and manage any local implementation difficulties
f) Any structural changes needed in the programme will only be
implemented by consensus agreement between DHBs,
MERAS, NZCOM and NZNO.
30.0
Payment of
Wages
Delete the first paragraph and replace with:
“Employees will be paid fortnightly in arrears by direct credit. Where
significant errors have occurred as a result of employer action or
inaction, corrective must be made within one working day of the error
being bought to the employer’s attention. All other instances,
corrective payment will be made as soon as practicable but no later
than the next fortnightly pay period.”
31.0
Family
Friendly
Practices
Part 8
Resolution of
Employment
Relations
Problems
Signatures
Midwifery
Working
Group
New wording added:
Prior to commencing parental leave, a midwife may request changes
to their roster where they are struggling to maintain their health
through working nightshifts. The employer will make reasonable
endeavours to accommodate such requests should they be made.
In clause 36 (a) delete “Depart of Labour” and replace with “Ministry
of Business, Innovation and Employment”
Update the signature page
Midwifery
roster cover
Draft Terms of Reference attached
The parties agree that the above terms of settlement confirm all of the changes that were
agreed at negotiations between MERAS and the DHBs.
……………………………………………………..
Bernard McIlhone
MERAS General Manager
………………………………………………….
Kevin McFadgen
On behalf of the DHBs
17 September 2015
…………………………………………….
Date:
……………………………………………..
Date: